DOCSLIB.ORG

Juris Spectrum Spectrum Juris Spectrum

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Juris Spectrum Spectrum Juris Spectrum juris Spectrum News / Press Releases The press releases from the Federal Constitutional Court and the five superior Federal courts of justice in their original wording. In addition, daily updated news on developments in legislation and the latest court decisions, prepared by the juris editorial staff, and announcements from government authorities and federations are available. juris Newsletter Regular e-mails containing information about the latest judicial decisions and legislation. juris Spectrum Equal Opportunity The information at juris is available to all of the courts in Germany. So the lawyer can successfully argue at the same, up-to-date knowledge level as the judge. Completeness Within the decision documents, active references (links) take users specifically to additional decisions, statutes and literature documents Practice Reports which will help to answer legal questions. So all of the available legal Renowned authors discuss important recent decisions in a specific legal sources can be comprehensively and exhaustively researched by a single area and describe their effects on legal practice. All of the quoted decisions operation — with a simple mouse click. In view of the steadily rising and statutes are available in full text with a mouse click. The articles are uniformly structured, enabling users to learn quickly how to use the site. liability risks, completeness, correctness and up-to-dateness of the The juris Practice Report will, upon request, also be sent regularly by e- information sources used in legal practice play an increasingly important mail. role. Journals juris offers the complete texts of numerous legal journals in cooperation Time Savings with renowned publishers. The journal articles are linked to one another The fast search function makes it possible to start a query with various as well as to quoted statutes and decisions. The following journals, among entries in only a single entry field. The system automatically recognises others, are available online: Betriebs-Berater, Die Aktiengesellschaft, DZWIR, GmbH-Rundschau, GRUR, Juristische Rundschau (JR), MDR, wrp, what is being sought (e.g., decisions, statutes, file numbers, courts, Wohnungswirtschaft und Mietrecht, Versicherungsrecht and Zeitschrift etc.). The cross-research function displays directly the search results für Schadensrecht (ZfS). juris Spectrum from all of the data records. The research application is supported by an extensive help system. Highly ergonomic features and simple Commentaries / Lexicons The juris Practice Commentary BGB contains extensive references to trial operation create decisive time advantages while doing research. practice, takes into account the latest developments in court precedents and excludes opinions which are of purely academic interest. Besides the Terms and Conditions continuously updated juris Practice Commentary BGB, the lexicon The flat rate offer includes the opportunity to research the database Urheberrecht von A–Z from our partner Verlag Medien und Recht is available online. records without any temporal restrictions and to retrieve any desired number of documents. This guarantees a secure foundation for calcu- Work Aids lation. • The standard reference NAE Table from Sanden/Danner/ Küppersbusch. • The most important tables and guidelines for support payments and the pension adjustment table, continuously updated and in historical Prices on request. Phone: 0049 681 5866-297 version. 2011 4. 28. Last revised: juris Spectrum Legal information at a fixed price — juris Spectrum lets you use all of The extensive documentary supplements to the court decision documents administrative provisions are referenced in their full text. In addition, Contract Procedures the relevant legal sources inexpensively, quickly and comprehensively and the comprehensive linking of the various data records allow direct access directives regarding income, turnover, wage, corporate, asset, trade and Users will find the German Construction Contract Procedures (VOB/A and during your daily research work. to the statutes which were decisive for the precedents, always in their most property tax laws as well as the directives regarding the evaluation of B), Service Contract Procedures Except Construction (VOL/A and B) and recently revised form and historical form. property assets are available. the Contract Procedures for Freelance Services (VOF) in this database. Court Decisions Cross-references in the decision documents can be used to find all of the More than 1 million court decisions now on file make juris the most decisions which are related to the decision which has been initially retrieved. Federal Administrative Statutes Collective Negotiated Agreements comprehensive collection of decisions in Germany. juris offers: Regardless of whether they preceded or followed the initial decision. So the Included are Federal administrative statutes which have been published There are references for the texts of the collective negotiated agreements relationships between individual decisions and their importance for practical in the Federal Law Gazette (BGBl.), the Federal Gazette, the electronic which have been declared generally binding. The texts of the agreements • Court decisions from all areas of law application of laws can be determined quickly and reliably. Federal Gazette or in the Joint Ministerial Gazette (GMBl.). Other are published according to the most recently known revision. • The decisions of the Federal Constitutional Court as well as the five administrative statutes, e.g., circulars, inner-administrative regulations to superior courts of justice in Germany since the establishment of these Imperial Court of Justice Decisions subordinate government authorities, including organisational and service References GDR Statutes courts The collection of decisions of the Imperial Court of Justice in Civil Matters regulations, are included only if the responsible department regards them The archives "References GDR Statutes" contain bibliographical information • The most significant decisions of the courts of first instance (RGZ) with more than 15,000 decisions, the collection of decisions in to have general significance. on the statutes of the former GDR which were published in the time from since 1976 at the latest (labour and welfare law since 1954, Criminal Matters (RGSt) with 11,000 decisions and the decisions of the 07 October 1949 (founding of the GDR) to 2 October 1990 (eve of administration law since 1960, law of damages since 1965, tax law Imperial Financial Court (RFHE) with 5,900 decisions. State Administrative Statutes reunification) in the Legal Gazette, Legal Gazette I, Legal Gazette II, Legal since 1966) • Baden-Württemberg with all of the published administrative Gazette III, Legal Gazette Special Issue, Legal Gazette, Ministerial Gazette Additional references to: Laws statutes of the State of Baden-Württemberg, provided that they and Central Gazette. • The cases pending before the BFH (Federal Finance Court) in Access to the complete body of German Federal laws and directives. are still in effect at the time of their inclusion in accordance with the Information about amendments or repeal of the various statutes has also which a material decision is to be expected References are given to the currently valid versions as well as the previously Statute Order of 23 November 2004-VOA- (GABl. 2005, p. 194). been included. The amendment and repeal statutes are referenced in • Cases pending before the BVerfG (Federal Constitutional Court) with applicable forms of the statutes, together with future statutes which have • Bavaria with all of the published administrative statutes valid on footnotes to the specific documents. implications for tax law been announced, but have not yet entered into effect at the time they are 1 January 2007 as well as all statutes which became inapplicable after • Cases pending before the European Court of Justice and European included in the database. 1 January 2007. Literature References Court of First Instance All of the existing versions can be retrieved in relation to key dates with • Lower Saxony with consolidated full texts of all applicable and published The literature references give users access to a comprehensive reference a date of application and are available in consolidated form. In addition, administrative statutes. Administrative statutes which are referenced in system for legal essay literature. The database with a current content of The information records in the field of court decisions are growing by about the related publications in the Federal Law Gazettes I and II are available AGRI-DOC are excluded. some 7075,000 documents is constantly being updated and expanded 50,000 decisions a year. The documentary preparation is handled by the via the links of the information sources. In addition to individual provisions, • Rhineland-Palatinate with all of the published administrative statutes — by some 20,000 documents every year. documentation offices of the Federal government or, since 2002, by the users can obtain a complete edition of the relevant law and, to the extent valid on 1 November 2006 as well as all statutes which became The records are compiled from the evaluation of over 750 legal journals. courts of first instance, supported by juris. that it exists, the previous version, simply by pressing a button. inapplicable after 1 November 2006. Starting with the year 1976, legal essays, discussions of court decisions • Saxony-Anhalt with all of the updated and published
Load more

Recommended publications
  • 1. Evaluation of the Judicial Systems (2016-2018 Cycle) Germany Generated on : 29/08/2018 11:17
    1. Evaluation of the judicial systems (2016-2018 cycle) Germany Generated on : 29/08/2018 11:17 Reference data 2016 (01/01/2016 - 31/12/2016) Start/end date of the data collection campaign : 01/06/2017 - 31/12/2017 Objective : The CEPEJ decided, at its 28th plenary meeting, to launch the seventh evaluation cycle 2016 – 2018, focused on 2016 data. The CEPEJ wishes to use the methodology developed in the previous cycles to get, with the support of its national correspondents' network, a general evaluation of the judicial systems in the 47 member states of the Council of Europe as well as two observer states (Israel and Morocco). This will enable policy makers and judicial practitioners to take account of such unique information when carrying out their activities. The present questionnaire was adapted by the Working group on evaluation of judicial systems (CEPEJ-GT-EVAL) in view of the previous evaluation cycles and considering the comments submitted by CEPEJ members, observers, experts and national correspondents. The aim of this exercise is to increase awareness of judicial systems in the participating states, to compare the functioning of judicial systems in their various aspects, as well as to have a better knowledge of the trends of the judicial organisation in order to help improve the efficiency of justice. The evaluation questionnaire and the analysis of the results becomes a genuine tool in favour of public policies on justice, for the sake of the European citizens. Instruction : The ways to use the application and to answer the questions are guided by two main documents: -User manual -Explanatory note While the explanatory note gives definitions and explanations on the CEPEJ evaluation questionnaire and the methodology needed for replying, the User manual is a tool to help you navigate through this application.
    [Show full text]
  • The Federal Supreme Finance Court
    Der Bundesfinanzhof The Federal Supreme Finance Court (English Edition) Contents I. Introduction 4 II. The history of the Federal Supreme Finance Court 1. The period up to 1918 7 2. Establishment of the Reich Supreme Finance Court 8 3. The period from 1933 to 1945 12 4. The Presidents of the Reich Supreme Finance Court 12 5. The Supreme Fiscal Court 13 6. Establishment of the Federal Supreme Finance Court 13 7. The Presidents of the Federal Supreme Finance Court 14 III. The structure of fiscal jurisdiction 1. The arrangement of courts in the Federal Republic of Germany 16 2. Fiscal jurisdiction 17 IV. The organisation of the Federal Supreme Finance Court 1. The individual senates 20 2. The Large Senate 22 3. The Joint Senate of the Supreme Federal Courts 23 V. Procedure at the Federal Supreme Finance Court 1. The individual remedies a) Revision 24 b) Appeals against denial of leave to appeal 25 c) Objections 25 d) Applications 26 2. Compulsory representation 26 3. Parties to the proceedings 26 VI. How cases are handled at the Federal Supreme Finance Court 1. Registration and preliminary handling 29 2. Preparation of proceedings 29 3. Deliberation and voting 30 4. Decisions 30 5. Announcements of the decisions 33 VII. The workload of the Federal Supreme Finance Court Settlement and duration of cases 34 VIII. Significance of Federal Supreme Finance Court decisions; their publication 1. Adjudication on specific cases 36 2. Leading decisions 36 3. Publication a) Decisions bound for publication 37 b) Decisions not bound for publication 38 c) Pending proceedings 39 IX.
    [Show full text]
  • Federal Constitutional Court
    Federal Constitutional Court - Annual Statistics 2015 - A. Statistics for the Judicial Year 2015 Page I. General Overviews Since 1951 1. Numbers of Proceedings 1 2. New Proceedings Brought Per Year and Senate 2 - 4 3. Chart: New Proceedings 5 4. New Proceedings Listed According to Types of Proceedings 6, 7 5. Decisions Issued by the Plenary, the Senates, and the Chambers (Listed According to Types of Proceedings) 8, 9 6. Proceedings Concluded in Ways Other than by a Decision (Listed According to Types of Proceedings) 10, 11 , 7. Chart: Decisions With/Without Separate Opinion(s) Issued Since 1971 12 II. Overviews Covering Several Years 1. Chart: New Proceedings and Proceedings Concluded Since 2001 13 2. Total Numbers of New Proceedings Brought in the Last Five Judicial Years 14 3. Applications Forwarded to the Respondent and the Other Parties Pursuant to § 23 sec. 2 of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz - BVerfGG) in the Last Five Judical Years 15 4. Oral Hearings and Pronouncement of Judgments Since 1990 16 III. Judicial Year 2015 Caseload and Proceedings Concluded in the Judicial Years 2014 and 2015 17, 18 IV. Constitutional Complaints 1. Proceedings Concluded in the Last Five Judicial Years 19 2. Percentage of Constitutional Complaints Granted of the Total Constitutional Complaints Decided per Year Since 1987 20 3. Chart: Length of Proceedings 21 4. Constitutional Complaints Lodged Against Judicial Decisions Since 1991 22 5. Judicial Decisions Reversed Since 1991 23 6. Constitutional Complaints Lodged Against Decisions by Federal Courts Since 1991 24 7. Decisions by Federal Courts Reversed Since 1991 24 8.
    [Show full text]
  • Governikus References (English)
    Governikus References (June 2005) Federal level Federal Aviation Office (Luftfahrtbundesamt, LBA) in Braunschweig: use of Governikus for the transmission of notifications about cosmological radiation (regarding x-ray exposition of flight personnel) German Aerospace Centre (Deutsches Zentrum für Luft- und Raumfahrt, DLR) in Cologne: Grant Information System of the Federal Government (‘profi’) - enhancement of online components based on Governikus Federal Nature Conservancy (Bundesamt für Naturschutz, BfN) in Bonn: CITES - Application of authorization for the import and export of protected animals and plants (CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora) German Patent and Trademark Office (Deutsches Patent- und Markenamt, DPMA) in Munich: As part of the project 'BundOnline2005', a Governikus based online application for patents had been tested at the DPMA. At present state, functional enhancements and integration into the ‘Virtual Mailbox’ (VPS) take place. Federal Finance Court (Bundesfinanzhof, BFH) in Munich: Electronic court mailbox for exchanging unstructured messages in a legally binding way between courts and third parties Federal Administration Court (Bundesverwaltungsgericht, BVerwG) in Leipzig: Electronic administration and court mailbox (EGVP) Federal Ministry of the Interior (Bundesministerium des Innern, BMI) in Berlin: Governikus federal licence; basic data security component for the ‘Virtual Mailbox’ Federal Insurance Institution for Employees (Bundesversicherungsanstalt für
    [Show full text]
  • Basic Law for the Federal Republic of Germany (1949, Amended 2010)
    Service provided by the Federal Ministry of Justice in cooperation with juris GmbH – www.juris.de Übersetzung durch: Professor Christian Tomuschat und Professor David P. Currie Übersetzung überarbeitet durch: Professor Christian Tomuschat und Professor Donald P. Kommers in Kooperation mit dem Sprachendienst des Deutschen Bundestages Translated by: Professor Christian Tomuschat and Professor David P. Currie Translation revised by: Professor Christian Tomuschat and Professor Donald P. Kommers in cooperation with the Language Service of the German Bundestag © 2010 juris GmbH, Saarbrücken Basic Law for the Federal Republic of Germany Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III, classification number 100-1, as last amended by the Act of 29 July 2009 (Federal Law Gazette I p. 2248). The Parliamentary Council, meeting in public session at Bonn am Rhein on 23 May 1949, confirmed that the Basic Law for the Federal Republic of Germany, which was adopted by the Parliamentary Council on 8 May 1949, was ratified in the week of 16 to 22 May 1949 by the parliaments of more than two thirds of the participating German Länder. By virtue of this fact the Parliamentary Council, represented by its Presidents, has signed and promulgated the Basic Law. The Basic Law is hereby published in the Federal Law Gazette pursuant to paragraph (3) of Article 145. Preamble Conscious of their responsibility before God and man, Inspired by the determination to promote world peace as an equal partner in a united Europe, the German people, in the exercise of their constituent power, have adopted this Basic Law.
    [Show full text]
  • Page 1 of 90 Print Evaluation 17/09/12
    Print Evaluation Page 1 of 90 COMMISSION EUROPEENNE POUR L'EFFICACITE DE LA JUSTICE (CEPEJ) QUESTIONNAIRE POUR ÉVALUER LES SYSTÈMES JUDICIAIRES2011 http://www.cepej.coe.int/EvaluationGrid/WebForms/PrintEvaluation.aspx?idevaluation= ... 17/09/12 Print Evaluation Page 2 of 90 Pays : Allemagne Correspondant national Nom Prénom : BUGEL Jens Profession : Organisation : MJU E-mail : Bü[email protected] N° Téléphone : http://www.cepej.coe.int/EvaluationGrid/WebForms/PrintEvaluation.aspx?idevaluation= ... 17/09/12 Print Evaluation Page 3 of 90 1. Données démographiques et économiques 1. 1. Généralités 1. 1. 1. Habitants et informations économiques 1) Nombre d’habitants (si possible au 1er janvier 2011) 81 751 602 2) Total des dépenses publiques annuelles au niveau national et le cas échéant, les dépenses publiques des collectivités territoriales ou entités fédérales (en €) - (Si la donnée n'est pas disponible, veuillez indiquer NA. Si la situation n'est pas applicable dans votre pays, veuillez indiquer NAP) Montant Niveau national 353 299 000 000 Niveau territorial / 485 706 000 000 entités fédérales (total pour l'ensemble des niveaux territoriaux/entités fédérales) 3) PIB par habitant (en €) 30 566 4) Salaire moyen brut annuel (en €) 44 532 5) Taux de change de la monnaie nationale (zone non Euro) en € au 1 janvier 2011 A.1 Veuillez indiquer les sources des réponses aux questions 1 à 4 et, le cas échéant, tout commentaire relatif à l’interprétation des données fournies: 1. Statistisches Bundesamt, Wiesbaden. Online database.(31.12.2010) 2. Federal Statistical Office, Statistical Yearbook for the Federal Republic of Germany (Statistisches Bundesamt, Statistisches Jahrbuch für die Bundesrepublik Deutschland 2011), Table 23.
    [Show full text]
  • Federal Constitutional Court
    Federal Constitutional Court - Annual Statistics 2018 - A. Statistics for the Judicial Year 2018 Page I. General Overview since 1951 1. Numbers of Proceedings 1 2. New Proceedings Brought per Year and Senate 2 - 4 3. Chart: New Proceedings 5 4. New Proceedings Listed According to Types of Proceedings 6, 7 5. Decisions Issued by the Plenary, the Senates, and the Chambers (Listed According to Types of Proceedings) 8, 9 6. Proceedings Teminated in Other Ways than by Decision (Listed According to Types of Proceedings) 10, 11 7. Chart: Decisions With/Without Separate Opinion(s) Issued since 1971 12 II. Overviews Covering Several Years 1. Chart: New Proceedings and Proceedings Terminated since 2004 13 2. Total Numbers of New Proceedings 14 3. Applications Forwarded to the Respondent and the Other Parties Pursuant to § 23(2) of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz - BVerfGG) in the Last Five Judicial Years 15 4. Oral Hearings and Pronouncement of Judgments since 1990 16 III. Judicial Year 2018 Caseload and Proceedings Terminated in the Judicial Years 2017 and 2018 17, 18 IV. Constitutional Complaints 1. Proceedings Terminated in the Last Five Judicial Years 19 2. Share of the Constitutional Complaints Granted 20, 21 of the Total Constitutional Complaints Decided per Year since 1987 3. Chart: Length of Proceedings 22 4. Constitutional Complaints Lodged Against Judicial Decisions since 1991 23 5. Judicial Decisions Reversed since 1991 24 6. Constitutional Complaints Lodged Against Decisions by Federal Courts since 1991 25 7. Decisions by Federal Courts Reversed since 1991 25 8. Constitutional Complaints Lodged Against Judicial Decisions/Statutes/ 26 Sovereign Acts of Federal / Land (State) and European Union Authorities in the Judicial Year 2018 9.
    [Show full text]
  • Germany Generated on : 24/09/2020 14:49
    Evaluation of the judicial systems (2018 - 2020) Germany Generated on : 24/09/2020 14:49 Reference data 2018 (01/01/2018 - 31/12/2018) Start/end date of the data collection campaign : 01/03/2019 - 01/10/2019 Objective : The CEPEJ decided, at its 31th plenary meeting, to launch the eigth evaluation cycle 2018 – 2020, focused on 2018 data. The CEPEJ wishes to use the methodology developed in the previous cycles to get, with the support of its national correspondents' network, a general evaluation of the judicial systems in the 47 member states of the Council of Europe as well as three observer states (Israel, Morocco and Kazakhstan). This will enable policy makers and judicial practitioners to take account of such unique information when carrying out their activities. The present questionnaire was adapted by the Working group on evaluation of judicial systems (CEPEJ-GT-EVAL) in view of the previous evaluation cycles and considering the comments submitted by CEPEJ members, observers, experts and national correspondents. The aim of this exercise is to increase awareness of judicial systems in the participating states, to compare the functioning of judicial systems in their various aspects, as well as to have a better knowledge of the trends of the judicial organisation in order to help improve the efficiency of justice. The evaluation questionnaire and the analysis of the results becomes a genuine tool in favour of public policies on justice, for the sake of the European citizens. Instruction : The ways to use the application and to answer the questions are guided by two main documents: -User manual -Explanatory note While the explanatory note gives definitions and explanations on the CEPEJ evaluation questionnaire and the methodology needed for replying, the User manual is a tool to help you navigate through this application.
    [Show full text]
  • Information on the Court of Justice Of'the European Communities
    Information on the Court of Justice of'the European Communities 1978 - III I N F 0 R M A T I 0 N on THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES III 1978 Information Office, Court of Justice of the European Communities, P.O. Box 1406, Luxembourg. P.O. Box 1406, Luxembourg Telephone 430 31 Telex (Regif:try) 2510 CUEIA LU Telex (Press and Legal Information Service): 2771 CJINFO LU Telegrams CURIA Luxembourg. CONTENTS COMPOSITION OF THE COURT OF mSTICE OF THE EUROPEAN CO:MlVIUNITIES 1 JUDGMENTS OF. THE COURT OF msTICE OF THE EUROPEAN COMMUNITIES (in chronological order) ••••••••••••••••••••••••••••••••••••••••••••• 2 11 July 1978 Case 6/78 Union Frangaise desCereales v Hauptzollamt Hamburg-Jonas ••••••••••••••••••• 3 12 July 1978 Case 8/78 Milac GmbH, Gross- und Aussenhandel v Hauptzollamt Freiburg •••••••••••••••••••••••• 5 3 October 1978 Case 27/78 Amrninistrazione delle Finanze dello Stato (Italian State Finance Administration) v the Hasham undertaking ••••••••••••••••••••••• 7 5 October 1978 Case 26/78 Institut National d'Assurance Maladie­ Invalidite and Union Nationale des Federations Mutualistes Neutres v Antonio Viola •••••••••••••••••••••••••••••••• 9 10 October 1978 Case 3/78 Centrafarm B.V. v American Home Products Corporation •••••••••••••••••••••••••••••••••• 11 10 October 1978 Case 148/77 Hansen v Hauptzollamt Flensburg •••••••••••••• 14 12 October 1978 Case 10/78 Tayeb Belbouab v Bundesknappschaft ••••••••••• 17 12 October 1978 Case 156/77 Commission of the European Communities v Kingdom of Belgium •••••••••••••••••••••••••••
    [Show full text]
  • Editorial Legislation + Banking + Finance + Real Estate + Banking +
    Briefing Germany + Banking + Finance + Real Estate + Banking + Finance + Real Estat October 2010 Page Editorial 1 Editorial Property prices seem to have bottomed-out and worries are increas- ing that all-time low interest rates will be on the rise in the years to 1 Legislation come. A configuration which has already a positive effect on the in- 3 Commercial leases: Allocation vestment market and prospects are good that of property management costs this will rise as long as interest rates are low. as operating expenses by Gen- Expo Real will be a good occasion to obtain eral Terms and Conditions valid insight in further development of commercial real estate markets. Next Monday the commer- 4 Provisions demanding specialist cial real estate industry will gather again in craftsmen in General Terms Munich, this time with 1,600 exhibitors. We and Conditions of lease agree- would be pleased if you seize the opportunity ments invalid and join us at our traditional Drinks Reception in the afternoon of Tuesday, 5 October. For 5 Provisionally invalid rent ad- details, please see the invite attached to this justment clause valid after Briefing. The Drinks Reception will be attended price clause regulation entered Thomas Ziegler by banking and real estate representatives from into force Practice Group various countries, as well as a number of col- Head leagues from our international offices. The event will be again a good opportunity to make 6 Estate agent may not claim agency fee in case of consider- contacts and exchange ideas about most recent developments in the able reduction of the purchase banking and real estate world.
    [Show full text]
  • Judicial Appointments in Germany and the United States
    Research and Information Service Research Paper March 2012 Fiona O’Connell & Ray McCaffrey Judicial Appointments in Germany and the United States NIAR 175-12 This paper provides information for the Committee for Justice on judicial appointments in Germany and the United States Paper 60/12 15 March 2012 Research and Information Service briefings are compiled for the benefit of MLAs and their support staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. We do, however, welcome written evidence that relate to our papers and these should be sent to the Research and Information Service, Northern Ireland Assembly, Room 139, Parliament Buildings, Belfast BT4 3XX or e-mailed to [email protected] NIAR 175-12 Judicial Appointments in Germany and the United States Key Points The models of judicial appointment in the US and Germany are subject to political involvement at various levels. These models are interlinked with other elements of the legal system and traditions of these countries. The models include Germany: o Role of Minister of Justice in appointments in the states o Electoral committees comprised of judicial members and political representatives for example in Germany (state level); o Electoral Committee at Federal level comprised of political representatives of the Federal and Lander Parliaments; o At Constitutional Court level, judges are elected by the upper and lower chamber of Parliament United States o Presidential appointment with advice and consent of the senate (Federal level) o Commission based appointments, also known as merit selection; usually involving an election at some point; o Judicial elections; o Gubernatorial appointment (appointed by the Governor); this is similar to the Federal system.
    [Show full text]
  • II. the Relations Between the Constitutional Court and the Other Courts2
    Conference of European Constitutional Courts XIIth Congress The relations between the Constitutional Courts and the other national courts, including the interference in this area of the action of the European courts Report of the Constitutional Court of the Federal Republic of Germany by R. Jaeger and Dr. S. Broß Judges of the Bundesverfassungsgericht I. The constitutional court, the other courts and the 1 constitutionality review A. The judicial organisation of the state 1. The judicial system 1. The basis of the structure of the different branches of jurisdiction in the Federal Republic of Germany are Articles 92, 95 and 96 of the Grundgesetz (GG, the Basic Law). Pursuant to these articles, the judicial power is exercised by the Federal Constitutional Court, by the Federal Courts and the courts of the Länder (Federal States). a) Pursuant to Article 95.1 of the Basic Law, German jurisdiction is divided into five independent branches (cf. the following diagram from the Brockhaus-Enzyklopädie in 24 volumes, 19th ed., Vol. 8, Frau-Gos. 1989, entry: Gericht [Court]): - ordinary jurisdiction, which is headed by the Bundesgerichtshof (Federal Court of Justice); it comprises civil and criminal jurisdiction and voluntary litigation; - labour jurisdiction, the highest court of which is the Bundesarbeitsgericht (Federal Labour Court); - administrative jurisdiction, which is headed by the Bundesverwaltungsgericht (Federal Administrative Court); - financial jurisdiction, the highest court of which is the Bundesfinanzhof (Federal Finance Court);
    [Show full text]